Application to recall withdrawal of appeal after two years based on new facts is not maintainable.

The respondent, G. Jothimani, filed a complaint (C.No.195 of 2021) against the appellants before the Tamil Nadu Real Estate Regulatory Authority (TNRERA), which was adjudicated on merits and resulted in an order dated 27.04.2022.

The appellants challenged this before the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) via Appeal No.24 of 2022, but subsequently withdrew the appeal on 23.08.2023.

Two years later, the appellants filed a Miscellaneous Application (M.A.No.416 of 2025) to recall the withdrawal order, citing new facts regarding an alleged settlement.

The Tribunal dismissed the application on 26.11.2025 finding no merit.

Whether a Miscellaneous Application to recall an order of withdrawal of an appeal is maintainable when filed after two years based on new facts regarding an alleged settlement.

The Court applied the principles of finality of litigation and the restricted scope of appellate review under the Real Estate (Regulation and Development) Act, 2016.

It followed the procedural principle that once an appeal is voluntarily withdrawn and the underlying dispute has been adjudicated on merits by a regulatory authority, a subsequent application to recall that withdrawal based on "new facts" is not maintainable, especially after a significant lapse of time.

The Court observed that the original complaint was thoroughly adjudicated on its merits by the TNRERA.

The appellants proactively chose to withdraw their appeal against that adjudication in August 2023.

The Court reasoned that the attempt to reopen the proceedings two years later by filing a Miscellaneous Application was legally unsustainable.

It held that the introduction of "new facts" concerning an alleged settlement does not provide a valid legal ground to recall a voluntary withdrawal of an appeal that has remained dormant for two years.

Consequently, the High Court found no illegality or error in the Appellate Tribunal's decision to dismiss the application.

The Court concurred with the findings of the Tamil Nadu Real Estate Appellate Tribunal and closed all connected petitions without costs.